New York Assembly Bill A01656

New York 2025-2026 Regular Session

• Introduced: 1/10/25
• Refer: 1/10/25
• Report Pass: 2/11/25

Caption

Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

Impact

If passed, A01656 would mark a significant change in eviction proceedings across the state, aligning legal practices with child welfare concerns. By eliminating the requirement to name children in eviction petitions, the legislation underscores the importance of minimizing the potential emotional and psychological impacts on minors involved in such often tense and distressing situations. The sealing of related records further aims to protect children's identities and privacy in potentially volatile housing issues.

Summary

Bill A01656 seeks to amend the real property actions and proceedings law by prohibiting the naming of dependent children under the age of 18 who live in the same household with a parent or guardian in petitions for recovering possession of real property and eviction warrants. The bill also mandates sealing any records pertaining to these children during eviction proceedings, ensuring that sensitive information is kept confidential. This legislative move aims to protect the welfare of minors involved in legal actions concerning housing disputes.

Contention

The bill has sparked discussions regarding the balance between landlord rights and tenant protections, especially concerning the rights of property owners to evict tenants. Supporters argue that protecting children in these situations is paramount, while critics may raise concerns about the implications for landlords' ability to fully understand the circumstances surrounding eviction cases. There is also concern over the enforceability of sealing records and whether it may lead to challenges in the transparency of eviction proceedings and the judicial process.